Setanta Sports Canada Limited v. 840341 Alberta Ltd. (Bres'in Taphouse)

Setanta Sports Canada Limited v. 840341 Alberta Ltd. (Bres'in Taphouse)

The assignment granted Setanta a joint proprietary interest sufficient to enforce the copyrights; the defendants publicly exhibited UFC PPV broadcasts without authorization, including after service of an injunction, and the individual officers were liable for that infringement; no genuine issue for trial remained, so summary judgment was appropriate; statutory damages of $20,000 and a permanent injunction were ordered.

Citation
2011 FC 709
Parties
Plaintiff: SETANTA SPORTS CANADA LIMITED; Defendant (corporate): 840341 ALBERTA LTD. carrying on business as THE BREW'IN TAPHOUSE; Defendant (individual Officer/director): MARK BECK; Defendant (individual Officer/director): CASEY STEWART BECKHUSON
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 June 2011
Procedural Posture
Copyright / Intellectual Property / Motion for Summary Judgment; Reasons and Order
Outcome
Motion for summary judgment allowed; judgment for plaintiff against defendants jointly and severally; statutory damages awarded $20,000; permanent injunction granted; costs to be determined after submissions.
Legal Topics
Summary Judgment, Injunction, Statutory Damages, Assignment of Rights, Liability of Corporate Officers, Champerty
Source Language
English
Copyright Intellectual Property Civil Procedure Summary Judgment Injunction Statutory Damages Assignment of Rights Liability of Corporate Officers +1 more

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Parties

SETANTA SPORTS CANADA LIMITED

Plaintiff

840341 ALBERTA LTD. carrying on business as THE BREW'IN TAPHOUSE

Defendant (corporate)

MARK BECK

Defendant (individual Officer/director)

CASEY STEWART BECKHUSON

Defendant (individual Officer/director)

Procedural Posture

Copyright / Intellectual Property / Motion for Summary Judgment; Reasons and Order

Legal Issues

  1. 1 Whether plaintiff possesses enforceable rights by assignment
  2. 2 Whether defendants infringed copyrights by publicly exhibiting UFC pay-per-view broadcasts
  3. 3 Liability of individual officers for corporate infringement and non-compliance with an injunction

Ratio Decidendi

The assignment granted Setanta a joint proprietary interest sufficient to enforce the copyrights; the defendants publicly exhibited UFC PPV broadcasts without authorization, including after service of an injunction, and the individual officers were liable for that infringement; no genuine issue for trial remained, so summary judgment was appropriate; statutory damages of $20,000 and a permanent injunction were ordered.

Court Disposition

Motion for summary judgment allowed; judgment for plaintiff against defendants jointly and severally; statutory damages awarded $20,000; permanent injunction granted; costs to be determined after submissions.

Orders

  • Summary judgment granted against 840341 ALBERTA LTD. carrying on business as THE BREW'IN TAPHOUSE, MARK BECK and CASEY STEWART BECKHUSON jointly and severally with a damages award of $20,000
  • A permanent injunction restraining each defendant, their officers, directors, employees, agents, assigns, servants, or any person acting under their instructions or any persons having knowledge from publicly showing, exhibiting or performing: (a) all Ultimate Fighting Championship pay-per-view matches and events...